The Florida Senate

499.05  Rules.--

(1)  The department shall adopt rules to implement and enforce ss. 499.001-499.081 with respect to:

(a)  The definition of terms used in ss. 499.001-499.081, and used in the rules adopted under ss. 499.001-499.081, when the use of the term is not its usual and ordinary meaning.

(b)  Labeling requirements for drugs, devices, and cosmetics.

(c)  The establishment of fees authorized in ss. 499.001-499.081.

(d)  The identification of permits that require an initial application and onsite inspection or other prerequisites for permitting which demonstrate that the establishment and person are in compliance with the requirements of ss. 499.001-499.081.

(e)  The application processes and forms for product registration.

(f)  Procedures for requesting and issuing certificates of free sale.

(g)  Inspections and investigations conducted under s. 499.051, and the identification of information claimed to be a trade secret and exempt from the public records law as provided in s. 499.051(5).

(h)  The establishment of a range of penalties, as provided in s. 499.006; requirements for notifying persons of the potential impact of a violation of ss. 499.001-499.081; and a process for the uncontested settlement of alleged violations.

(i)  Additional conditions that qualify as an emergency medical reason under s. 499.012(1)(a)2.b.

(2)  With respect to products in interstate commerce, those rules must not be inconsistent with rules and regulations of federal agencies unless specifically otherwise directed by the Legislature.

(3)  The department shall adopt rules regulating recordkeeping for and the storage, handling, and distribution of medical devices and over-the-counter drugs to protect the public from adulterated products.

History.--s. 34, ch. 82-225; s. 1, ch. 83-265; s. 6, ch. 84-115; s. 88, ch. 85-81; s. 4, ch. 86-133; s. 36, ch. 92-69; ss. 2, 5, 8, ch. 94-309; s. 38, ch. 98-151; s. 44, ch. 2000-242; s. 20, ch. 2001-63; s. 32, ch. 2001-89.